STUDENT PRIVACY / FERPA

The Board of Trustees of the California State University recognizes that the right of privacy is an inalienable right protected by Article 1, Section 1 of the California State Constitution. Under the authority delegated to the Chancellor in Title 5, California Code of Regulations, Section 42396.5, Executive Order 796 (January, 2002), was issued for the implementation of the policy for the administration of student records consistent with the federal Family Education Rights and Privacy Act of 1974 (FERPA, 20 U.S.C. 1232g) and the regulations adopted there under (34 C.F.R.99).

Executive Order 796 states: “Each campus shall adopt a written policy statement establishing procedures by which the campus intends to comply with FERPA and this executive order. These procedures shall include a requirement to periodically review campus information management practices concerning student records at least every two years or more often as the need arises.”

As required by EO 796, the Registrar is responsible for the biannual review of this document. The document establishes the language and procedures by which the campus guarantees student education record privacy rights and complies with FERPA, California state law and EO 796.

A. Definitions

For the purposes of these procedures, San Diego State University is using the following definitions of terms:

Student - any person who attends or has attended San Diego State University.

Education records - any records (in handwriting, print, tapes, film, computer, or other medium) maintained by San Diego State University or an agent of the university that is directly related to a student, except:

A personal record kept by a staff member if it is kept in the sole possession of the maker of the record and is not accessible or revealed to any other person except a temporary substitute for the maker of the record.

Records created and maintained by the San Diego State University Department of Public Safety for law enforcement purposes.

An employment record of an individual whose employment is not contingent on the fact that he or she is a student, provided the record is used only in relation to the individual's employment.

Records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional if the records are used only for treatment of a student and made available only to those persons providing the treatment.

Alumni records that contain information about a student after he or she is no longer in attendance at the university and that do not relate to the person as a student.

B. Annual Notification

Students will be notified of their FERPA rights by publication in the General Catalog and Graduate Bulletin. An SDSU WebPortal message or e-mail will also be sent to students on an annual basis with information about their FERPA rights.

The Office of the Registrar will annually review the draft versions of the General Catalog and Graduate Bulletin to ensure that the appropriate notification is present, complete, and correct.

C. Inspecting Education Records

Students who wish to view the contents of their Educational Records must make a written request to the Unit Custodian of those records (see "Types, Locations, and Custodians of Educational Records" in the Records Policy). The Unit Custodian (or designee) will meet with the student during normal business hours, at a time set by the Unit Custodian, and in the Unit Custodian's office. The original records may not leave the Unit Custodian's office.

The Unit Custodian must comply with the student's request within fifteen working days. If the records the student wishes to view are under the control of various Unit Custodians, the student must make individual requests to each Unit Custodian.

When a record contains information about more than one student, the student may inspect and review only the records that relate to him or her.

D. Limitation on Right of Access

The student will not be allowed access to any of the following:

The financial statement of the student's parents;

Letters and statements of recommendation for which the student has
waived the right to access, or which were maintained before January
1, 1975;

Records connected with the student's application to attend SDSU if
that application was denied;

Personal notes about a student made and kept by a faculty/staff member
if the notes are not accessible or revealed to any other person except
a temporary substitute for the person who made the notes;

Records created and maintained by the San Diego State University Department
of Public Safety for law enforcement purposes;

Records made or maintained by a physician, psychiatrist, psychologist,
or other recognized professional or paraprofessional if the records
are used only for treatment of the student and made available only to
those persons providing the treatment;

Alumni records that contain information about the student after he
or she is no longer in attendance at the university;

Any other records that are excluded from the FERPA definition of education
records.

E. Refusal to Provide Copies

While the student retains the right to inspect his or her records, San
Diego State University may deny copies of records, including transcripts,
in either of the following situations:

The student has an unpaid financial obligation to the university,
pursuant to Section 42381, Title 5, California Code of Regulations,
and CSU Executive Order 145.

The record requested is an exam not directly related to a student
or set of standardized test questions, unless the instructor or creator
of the exam has no objection.

F. Fees for Copies of Records

With the exception of academic transcripts, which are covered by executive
order, the fee for copies will be 25 cents ($.25) per page or fifteen
dollars ($15.00) for a microfilmed or electronically imaged record in
its entirety. Computer reports for SDSU departments will be provided at
no charge. Reports to authorized non-university entities will be provided
for forty dollars ($40.00) per report. If mailing labels are requested
by any entity, there is an additional charge equal to the Central Stores
current price for mailing labels.

Fees collected will be deposited in the Unit Custodian's Supplies and
Services account.

G. Types, Locations, and Custodians

The Provost is the University Custodian of Student Records. The Unit
Custodian is the person who possesses the records or is in charge of the
office that possesses the records. It is the Unit Custodian's responsibility
to properly control access, handle, store, and dispose of the records
as appropriate.

The Personnel Director is the custodian of employee records. The Public
Safety Director (Chief of Campus Police) is the custodian of law enforcement
records. Neither personnel nor law enforcement records are covered by
these procedures.

The following is a list of the types of records that the university
maintains, their locations, and the unit custodians:

H. Disclosure of Education Records

San Diego State University will not permit third party access to information
contained in a student's education records without the written consent
of the student, except under the circumstances described below.

San Diego State University may permit access by third parties under
the following conditions.

To school officials who have a legitimate educational interest in
the records.

Examples of persons whom SDSU has determined to be university officials
include the following:

a person employed by the university in an administrative,
supervisory, academic or research, or support staff position, including
health or medical staff.

a person elected to the Board of Trustees.

a person employed by or under contract to the university
to perform a special task, such as the attorney or auditor.

a person who is employed by San Diego State University
Department of Public Safety.

a student serving on an official committee, such as
a disciplinary or grievance committee, or who is assisting another school
official in performing his or her tasks.

an emeritus faculty member serving as an ombudsperson.

Examples of situations in which SDSU has found there to be a legitimate
educational interest in student records include the following:

performing a task that is specified in his or her
position description or contract agreement.

performing a task related to a student's education.

performing a task related to the discipline of a student.

providing a service or benefit relating to the student
or student's family, such as health care, counseling, job placement,
or financial aid.

maintaining the safety and security of the campus.

To officials of another school, upon request, in which
a student seeks or intends to enroll.

To certain officials of the U.S. Department of Education, the Comptroller
General, and State and local educational authorities, in connection
with audit or evaluation of certain State or federally supported education
programs.

In connection with a student's request for or receipt of financial
aid to determine the eligibility, amount, or conditions of the financial
aid, or to enforce the terms and conditions of the aid.

To State and local officials or authorities if specifically required
by a State law that was adopted before November 19, 1974.

To organizations conducting certain studies for or on behalf of the
university.

To accrediting organizations to carry out their functions.

To parents of an eligible student who is claimed as a dependent for
income tax purposes.

To comply with a federal or California judicial order or lawfully
issued subpoena.

The results of any disciplinary proceeding conducted by the university
against an alleged perpetrator of a crime of violence to the alleged
victim of that crime.

To U.S. Military recruiters pursuant to 32 CFR 216 (Solomon Amendment).

To comply with other federal legislation passed subsequent to FERPA,
including but not limited to the Student Right To Know Act, the Taxpayer
Relief Act, et al.

I. Record of Requests for Disclosure

Each Unit Custodian will maintain a record of all requests for and/or
disclosures of information from a student's education records. The record
will indicate the name of the party making the request, any additional
party to whom it may be re-disclosed, and the legitimate interest the
party had in requesting or obtaining the information (with the exception
of disclosures to a school official). The record may be reviewed by the
eligible student.

J. Directory Information

Although federal law allows for the release of address, telephone listing, e-mail address, photograph, place and date of birth, grade level, enrollment status, previous educational institution attended, and information related to participation in athletics, San Diego State University designates only the following items as Directory
Information:

student name

major field of study

dates of attendance

degrees, honors and awards received

SDSU designates the following items as Directory Information for Academic Student Employees only:

name

address

enrollment status

department employed

telephone number

e-mail address

status as student employee (i.e., TA, GA, ISA)

The university may disclose any of those items without prior written
consent, unless the student requests "Confidential Directory Information"
via the SDSU WebPortal. Student may change their "confidentiality" status
at any time through the SDSU WebPortal.

Requests for Directory Information, or access to non-directory information,
from academic or administrative offices of the university, or offices
allied to the university, such as the Alumni Association, who have a legitimate
educational interest in utilizing the information, will be directed to
Enrollment Services for consideration.

K. Correction of Education Records

Students have the right to ask to have records corrected that they believe
are inaccurate, misleading, or in violation of their privacy rights. Following
are the procedures for the correction of records:

A student must ask the appropriate custodian of records to amend
a record. In so doing, the student should identify the part of the record
to be amended and specify why the student believes it is inaccurate,
misleading or in violation of his or her privacy rights.

The appropriate custodian may comply with the request or the custodian
may decide not to comply. If the custodian decides not to comply, he
or she will notify the student of the decision and advise the student
of his or her right to a hearing to challenge the information believed
to be inaccurate, misleading, or in violation of the student's privacy
rights.

The hearing will be conducted by a hearing officer who is a disinterested
party; however, the hearing officer may be an official of the institution.
The student shall be afforded a full and fair opportunity to present
evidence relevant to the issues raised in the original request to amend
the student's education records. The student may be assisted by one
adviser, who may be an attorney.

The Hearing Officer will prepare a written decision based solely
on the evidence presented at the hearing. The decision will include
a summary of the evidence presented and the reasons for the decision.

If the university decides that the information is inaccurate, misleading,
or in violation of the student's right of privacy, it will amend the
record and notify the student, in writing, that the record has been
amended.

If the university decides that the challenged information is not
inaccurate, misleading, or in violation of the student's right of privacy,
it will notify the student that he or she has a right to place in the
record a statement commenting on the challenged information and/or a
statement setting forth reasons for disagreeing with the decision.

The statement will be maintained as part of the student's education
records as long as the contested portion is maintained. If the university
discloses the contested portion of the record, it must also disclose
the statement.

Revised July 30, 2014

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